Facts:

The case revolves around the conflicting claims of Alim Balindong and Uso Dan Aguam over the mayoralty of Ganassi, Lanao del Sur, following the 1967 general elections. Uso Dan Aguam was the official candidate of the Liberal Party, while Alim Balindong represented the Independent Liberal Party. After the election, Aguam was proclaimed as the Mayor-elect by the municipal board of canvassers on November 20, 1967, after obtaining 575 votes against Balindong's 572 votes. However, Balindong filed a lawsuit in the Court of First Instance of Lanao del Sur on November 21, 1967, challenging the validity of the elections in Precincts 5 and 8. The court ruled it had no jurisdiction in the matter. Subsequently, on January 6, 1968, Balindong lodged a petition with the Commission on Elections (Comelec) to annul the canvass and proclamation of Aguam, alleging various irregularities including that the election return from Precinct 8 was tampered to reduce his votes from 13 to 8, which result

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Facts:

Overview of the Controversy

• Two separate petitions arose from the 1967 general elections for mayor in Ganassi, Lanao del Sur.
• Petitioner Alim Balindong filed a petition for certiorari and mandamus challenging the election return copy for Precinct 8 and seeking correction of the votes cast for him.
• Petitioner Uso Dan Aguam, having been proclaimed Mayor-elect by the municipal canvassing board, filed an appeal by certiorari challenging the canvass and proclamation based on alleged irregularities and tampering.

Parties and Allegations

• Candidates involved:
• Daud Marohombsar – official candidate of the Nacionalista Party.
• Uso Dan Aguam – official candidate of the Liberal Party.
• Alim Balindong – candidate of the Independent Liberal Party.
• Allegations centered on:
• Illegal constitution of the canvassing board.
• Tampering with the election return for Precinct 8 – specifically, altering the votes for Balindong from “Thirteen” (13) to “Eight” (8).
• Irregular and insufficient notice to candidates and non-disqualified board members regarding the scheduled canvassing.

Chronology and Procedural Developments

• On November 20, 1967, the municipal board of canvassers in Ganassi proclaimed Uso Dan Aguam as Mayor-elect with 575 votes; Alim Balindong's tally computed as 572 votes based on the altered record.
• The day following the proclamation, Balindong filed suit in the Court of First Instance for annulment of the elections in certain precincts, which was dismissed for lack of jurisdiction.
• On December 30, 1967, Uso Dan Aguam took his oath and assumed office as mayor despite the ongoing controversy.
• On January 6, 1968, Balindong formally complained to the Commission on Elections (Comelec), alleging multiple irregularities, including tampering in the vote count for Precinct 8.

Details of the Irregularities in Precinct 8

• The canvassing board was reconstituted through the appointment of substitute members by the municipal treasurer under Comelec’s instruction.
• These substitutes were recommended by the local chapter of the Liberal Party despite the disqualified members being originally affiliated with the Nacionalista Party.
• This appointment process violated Section 167 of the Revised Election Code which mandates that replacement members must be recommendees of the same party as the disqualified candidates.
• Notice and Venue Transfer Issues
• The initial notice for the canvassing was issued for the PC Barracks in Pindolonan, Ganassi at 9:00 a.m. on November 20, 1967.
• In reality, very few candidates attended as the meeting was later (and improperly) transferred to Camp Keithly in Marawi City without sufficient written notification; many candidates and an eligible board member (Vice-Mayor Mohamad Map) were not properly informed.
• Tampering of the Election Return
• Three copies of the election return for Precinct 8 existed: the official Comelec copy, the municipal treasurer’s copy, and the ballot box copy.
• Both the Comelec and municipal treasurer’s copies showed the votes for Balindong altered from “Thirteen” to “Eight,” while the ballot box copy, preserved under observation, contained the original “Thirteen” votes.
• Testimonies and documentary evidence (including the officers’ certificates of votes) indicated that the tampering was done after the original count, affecting the outcome by a margin of 3 votes.
• Irregular Conduct During the Canvass
• The municipal treasurer, Kiram L. Buruan, who was not a duly appointed substitute member, participated in the canvassing in violation of Comelec’s instructions.
• The improper convening and the absence of proper verification measures further underscored the irregularity of the process.

Evidence and Documentary Findings

• The tampered election return documents showed clear signs of unauthorized corrections—in blue ink and with handwriting differing from the original entries made in red ink.
• The certificate of votes for candidates, signed by the board of inspectors including the LP inspector, reaffirmed that Balindong originally obtained “Thirteen” votes as corroborated by the official documentation.
• Questions were raised regarding the integrity and custody of the ballot box, the unsigned tally sheet, and the broken seal on the document alleged to convey the true count.

Issue:

Legality of the Canvassing Board Constitution

• Was the appointment of substitute members by the municipal treasurer, contrary to Section 167 of the Revised Election Code, legally valid?
• Did the replacement of disqualified members with recommendees from the wrong political affiliation render the board illegally constituted?

Adequacy of Notice and Venue Transfer

• Did the failure to provide proper written notification of the change in the canvassing venue contravene Comelec Resolution RR-544?
• Does the absence of actual notification to all non-disqualified members and candidates invalidate the credibility of the results?

Tampering of Election Returns

• Is the alteration of Balindong’s votes—from “Thirteen” to “Eight”—in the Comelec and municipal treasurer’s copies sufficient to render the canvassing and proclamation of Uso Dan Aguam null and void?
• What is the appropriate remedy when an election return is found to have been tampered with, especially when the original, untampered vote (as in the ballot box copy) is available?

Procedural and Legal Remedies

• Should the Board of Inspectors have been required to file a petition for correction before canvassing, and what are the implications of their failure to do so?
• Does the tampering—if proven—warrant a judicial intervention to reconstitute the canvassing board, recount the votes, and correct the outcome of the mayoral election?

Ruling:

• (Subscriber-Only)

Ratio:

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Doctrine:

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